COURT OF APPEALS OPINIONS

The Honorable Hamilton v. Gayden, Jr., Judge
01A01-9509-CV-00393
Trial Court Judge: Hamilton V. Gayden, Jr.

Davidson Court of Appeals

01A01-9511-CV-00537
01A01-9511-CV-00537
Trial Court Judge: Allen W. Wallace

Dickson Court of Appeals

01A01-9601-CV-00048
01A01-9601-CV-00048
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals

01A01-9512-CV-00564
01A01-9512-CV-00564
Trial Court Judge: Muriel Robinson

Davidson Court of Appeals

02A01-9504-CH-00088
02A01-9504-CH-00088
Trial Court Judge: Paul E. Morris

Chester Court of Appeals

01A01-9510-CH-00458
01A01-9510-CH-00458
Trial Court Judge: Tom E. Gray

Sumner Court of Appeals

02A01-9409-CH-00221
02A01-9409-CH-00221

Shelby Court of Appeals

02A01-9504-CV-00089
02A01-9504-CV-00089
Trial Court Judge: Robert A. Lanier

Shelby Court of Appeals

02A01-9506-CH-00138
02A01-9506-CH-00138
Trial Court Judge: Floyd Peete, Jr.

Shelby Court of Appeals

02A01-9507-JV-00155
02A01-9507-JV-00155
Trial Court Judge: Kenneth A. Turner

Shelby Court of Appeals

02A01-9511-CH-00259
02A01-9511-CH-00259
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

William Cantrell vs. DeKalb County, et al
M1998-00964-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: John J. Maddux
This appeal involves two deputy sheriffs' response to a church's complaint that one of its members was disrupting a church assembly. After the deputy sheriffs suggested that he leave the premises, the church member filed a civil rights action in the Circuit Court for DeKalb County alleging that the two deputies had unlawfully detained him and had interfered with his right to practice his religion. The law enforcement officers, asserting qualified immunity, moved for a summary judgment. The trial court denied their motion. We have determined that the trial court erred because the undisputed facts demonstrate that the officers are entitled to qualified immunity because they acted reasonably and did not violate any of the church members' clearly established statutory or constitutional rights. Accordingly, we vacate the order denying the summary judgment and remand the case with directions that it be dismissed.

DeKalb Court of Appeals

01A01-9502-CV-00045
01A01-9502-CV-00045
Trial Court Judge: Vernon Neal

Putnam Court of Appeals

Byrd v. Hall, (Tenn.1995), 847 Sw2D, 213, "A Conclusory Assertion That The Non-Moving
01A01-9502-CV-00045

Putnam Court of Appeals

01A01-9511-CV-00527
01A01-9511-CV-00527
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

01A01-9601-CH-00039
01A01-9601-CH-00039
Trial Court Judge: Cornelia A. Clark

Hickman Court of Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Thomas W. Brothers

Davidson Court of Appeals

State of Tennessee v. Chris Ramey - Concurring
03C01-9509-CC-00285
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Rex Henry Ogle

I agree that the trial court's judgment should be affirmed. I join in Judge Tipton's concurring opinion because I believe that this record is adequate for our full appellate review. I am of the opinion that the procedures outlined in State v. Winsett, 882 S.W.2d 806 (Tenn. Crim. App. 1993) have been followed.

Sevier Court of Appeals

Linda Ann Carlton, v. James Thomas Carlton
02A01-9503-CH-00050
Authoring Judge: Senior Judge Tomlin
Trial Court Judge: Judge George R. Ellis

This current litigation is what we shall call economic fallout from an earlier domestic relations case. Linda Ann Carlton (“plaintiff”) filed suit for divorce in 1990 from James Thomas Carlton (“defendant”) in the Chancery Court of Haywood County. In October 1991, the chancellor granted plaintiff a divorce from defendant on the grounds of cruel and inhuman treatment, awarded joint custody of the parties’ 28 year-old handicapped daughter, Donna, with the principal place of residence with plaintiff, divided the parties’ marital property, and awarded rehabilitative alimony and attorney’s fees to plaintiff. Defendant appealed to this court. The primary issues presented on appeal related to the custody of the parties’ daughter, the division of marital property, and the award of rehabilitative alimony and attorney’s fees to plaintiff. The record reflects that the marital property was valued in excess of two million dollars ($2,000,000), with defendant and plaintiff receiving slightly over one million dollars ($1,000,000) each as a result of the chancellor’s decree.

Court of Appeals

Scott McCluen v. The Roane County Times, Inc., D/B/A The Standard and Gerald Largen
03A01-9512-CV-00434
Authoring Judge: Presiding Judge Houston P. Goddard
Trial Court Judge: Judge John B. Hagler

This is a suit by Scott McCluen, County Attorney for Roane County, against The Roane County Times, Inc., D/B/A The Standard, and its owner and publisher Gerald Largen, seeking damages for libel incident to two separate publications in The Standard.

Roane Court of Appeals

James E. Simons, and wife Margaret B. Simons, v. Herbert H. Replogle, Jr.
02A01-9512-CH-00272
Authoring Judge: Senior Judge Hewitt P. Tomlin
Trial Court Judge: Chancellor Joe C. Morris

James E. Simons and Margaret B. Simons (“plaintiffs”) filed suit in the Chancery Court of Madison County against Herbert H. Replogle, Jr. (“defendant”) for the purpose of establishing a common boundary line between the parties. Following a bench trial the chancellor established the parties’ common boundary line based on the calls in defendant’s deed. On appeal plaintiffs have presented one issue for our review: whether the evidence preponderates against the chancellor’s finding. In our opinion, the chancellor did err and we accordingly reverse.

Madison Court of Appeals

Patricia Gobel v. Estate of Rupert Newman, Deceased
01A01-9601-PB-00040
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Judge Bill Baird Griffith

The Probate Court of Putnam County dismissed a claim against the estate of Rupert O. Newman because the claimant lacked standing to make the claim. We affirm.

Putnam Court of Appeals

Comprehensive Engineering Assistance Association, Inc., v. State of Tennessee, Department of Labor and Al Bodie, Commissioner of the Department of Labor, in his official capacity
01A01-9602-CH-00055
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Christina Norris Pro Tempore

The captioned plaintiff has appealed from an order of the Trial Court reading as follows: This matter came to be heard on June 2, 1995, upon the motion to dismiss filed on behalf of the defendants, Tennessee Department of Labor and Al Bodie, Commissioner of the Tennessee Department of Labor. Upon consideration of the pleadings filed and the argument of counsel, the Court finds that this matter should be dismissed on the basis that the Court lacks jurisdiction as the petition for judicial review was not filed within sixty days of the final agency action as required by T.C.A. §4-5-322. Therefore, it is hereby ORDERED that the defendants’ motion to dismiss is GRANTED. Costs shall be taxed to the petitioner. On appeal, plaintiff presents a single issue as follows: Did the Chancery Court err in dismissing this matter for lack of jurisdiction on the basis that the complaint was not timely filed?

Davidson Court of Appeals

Evelyn June Thomason, v. The Metropolitan Government of Nashville and Davison County
01A01-9602-CV-00067
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Barbara N. Haynes

The plaintiff, Evelyn June Thomason, has appealed from a summary judgment
dismissing her suit against the defendant, Metropolitan Government of Nashville and
Davidson County, Tennessee, for personal injuries sustained in a fall on the premises of the
Lentz Health Center, a facility owned and managed by the defendant.

Davidson Court of Appeals

State of Tennessee, v. Daniel G. Hampton
03C01-9503-CR-00107
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Lynn W. Brown

The appellant, Daniel G. Hampton, was convicted of driving under the influence, second offense, a Class A misdemeanor, two counts of driving on a revoked license, Class B misdemeanors, and violation of the implied consent law by a jury of his peers. The trial court sentenced the appellant to eleven months and twenty-nine days in the Carter County Jail with all but seventy days suspended for the driving under the influence, second offense; six months suspended in the Carter County Jail for driving on a revoked license on April 9, 1994 which was ordered to run concurrently with the other sentences; and six months in the Carter County Jail with all but twenty days suspended for driving on a revoked license on April 1, 1994 which was ordered to run consecutively to the driving under the influence, second offense conviction.

Carter Court of Appeals